FERS Disability Retirement: Square peg in a round hole

You know the old adage; it is when a person is trying to do something that is frustratingly obvious that it cannot be done, yet persists in it despite the reality of resistance.  The truism itself by necessity requires one of three courses of action: You either cut off the edges of the square peg in order to shape it into a form where it can fit into the hole, or you smooth the edges of the circular hole and widen it such that the square peg can fit into it.  The third option is: You continue to try and force the issue.  And the fourth way is: You give up and walk away with obvious discontentment and frustration.

You want to remain friends with X, but X is a cad and no matter how much you try to change X, X will not change; and so you try and ignore X’s idiosyncrasies in an effort to extend the friendship, and remain frustrated at your attempts to change reality.  Or, you try and please everyone but end up angering all — you cannot shape the square peg or widen the hole, because there is simply too much resistance from both to alter its shape, size or essence of being.

Reality has its limits; that’s the beauty of the life we lead: virtual reality can be altered with a click of the button, but the reality of the real is that the quirkiness of life defies fullness of understanding, and the mystery of each individual denies total control.

For Federal employees and U.S. Postal workers who continue to struggle with a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of his or her Federal or Postal job, the choices are clear: Stay and suffer; walk away and lose everything; or file for Federal Disability Retirement benefits with the U.S. Office of Personnel Management. In such a case, this third option is tantamount to shaving the edges of the square peg in order to fit into the hole, as opposed to trying to stay when it is no longer medically advisable, or to walk away and abandon everything in frustration.

Old adages remain relevant for a reason; the truth behind the words is retained and, indeed, there is still a recognition that truth prevails.

Sincerely,

Robert R. McGill, Esquire

 

Filing for OPM Disability Retirement: Goals of abstract purity

Idealism allows for the plethora of such concepts; cynicism born of age and experience quells the exuberance of such vaunted beginnings.

When we were young — no, not the opening lines of a Christopher Robin poem where the hunt for a clove of honey is the day’s goal, but an observation about life’s folly — we harbored principles and moral codes that required strict purity: Success without compromise; life that is perfectly lived; avoidance of mistakes that our parents made; beautiful kids who will exhibit their inherent creativity at every turn, without a wail or disobedient scream of tantrum; and even if such goals of abstract purity never come to fruition, at least there is Instagram in the modern era where we can pretend to have achieved such paradise of ends considered.

Youth pretends to such abstractions; reality tends to soil such purity; and goals formulated at the beginning of life require constant moderation and adaptation to the experience of reality that is encountered throughout.  Such goals of abstract purity are best left in the Ivory Towers of Academia, or in the forgotten memories of childhood dreams.  For, it is reality and the objective world which must be contended with, and not the conceptual paradigms that make up the dreams and fantasies of our former selves.  In the end, grownups don’t have time to waste upon the goals of abstract purity because life is too challenging and reality too stark.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal position, the Goals of Abstract Purity should be replaced with the Ends of Realistic Objectivity: Of continuing with the Postal Service or Federal Agency only to the extent that one’s health will allow, and to begin the process of preparing, formulating and filing an effective Federal Disability Retirement application, to be filed with the U.S. Office of Personnel Management under FERS.

And what of those former Goals of Abstract Purity?  You should place them upon the heap of memories that allowed for youthful folly, and realize that one’s health is the ultimate goal of purity — and it is no longer a mere abstraction, but a reality that must be faced.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement: The words we never use

Are they like scraps of papers left in one’s back pocket, or in the vast chasms of oversized purses that seemingly have no bottom and certainly reveal no corners?  Do we keep them in our wallets, reserve them for special occasions, or otherwise allow them to float in the ethereal universe of unclaimed inventions?  Is there a Lost-and-Found Section within an agency entitled, “U.S. Department of Words” (or, should there be) that deals exclusively with ones that are never used?  And in a pragmatic society where utility is the key for relevance, applicability, value and worth, is there any sense to pointing out that which is never used, never recalled, rarely regurgitated and almost certainly never thought of even in the privacy of soliloquies left unstated?

The words we never use can be categorized into: A. Ones we’ve never learned about nor looked up, B. Ones we once knew when once we were serious-minded students who diligently looked up every word we knew not the definition of because we wanted to better ourselves, sound more intelligent and appear with greater utterances of sophistication at cocktail parties we were never invited to — therefore, we once looked them up, memorized them, tried to use them in sentences, and then promptly forgot them, or C. Ones we never came across, have now no interest in using them because we have become old and lazy.

There is a fourth possibility — that we “know” them but “fear” that the mere utterance of them will make a nightmare of a reality we want to avoid.  “Divorce” is one such word for kids who watch their parents fight, and wonder about their own security in the universe of unstable families; “Chronic” or “intractable” are two others — for those with medical conditions who do not want to hear their doctors talk about the consequences of certain disabilities which have developed over the past couple of years.

For Federal employees and U.S. Postal workers who suffer from a medical condition where such medical conditions have now come to the point of being chronic and intractable, and thus prevents the Federal or Postal employee from continuing in his or her career with the Federal government, it is time to consider another set of words which were previously never used: Federal Disability Retirement.

Avoiding the use of words will not undo the reality surrounding the conceptual paradigms encountered; and procrastinating the thought, initiation or formulation of an effective FERS Disability Retirement application will not make such words go away; they will remain, even if they are words which we never wanted to use.

Sincerely,

Robert R. McGill, Esquire

 

FERS Disability Retirement from the OPM: The prosaic life

That is the lot of most of us; yet, the contrast seen in the “entertainment” world is its very opposite.  Does it breed discontent (or malcontent)?  Does the “make-believe” universe that we surround ourselves with actually enhance one’s quality of life?

We not only welcome it; we pay for it, and gladly, so.  What does the contrast do to one’s soul — of watching movies involving fearsome technologies that destroy; of bank robbers, murderers, high-stake gamblers and every character imaginable; of dangers that never result in injury or capture; of adventures beyond one’s wildest imagination — and then, there is the actual life that one lives: Of a prosaic life that is often humdrum, unimaginative, mundane, pedestrian and…boring.

Is it “prosaic” to simply go from high school to college, then to a career, a family, old age and death?  Do we regret the repetition of our daily lives, so unbearably “normal”, such that we embrace this spectator-sport of adulation for the wealthy, over exuberant prostration in paying homage to sports heroes, and the unfettered interest shown towards everything and anything “glamorous”?

Until, of course, our health begins to deteriorate.  Then, suddenly, we wish for the “boring” life of normalcy; of the mundane when we took for granted the things we used to do; for the prosaic life that we once had.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition no longer allows one to do that which was once taken for granted — being able to go to work consistently; performing all of the essential elements of one’s job, etc. — filing for Federal Disability Retirement benefits under FERS may yet return you to the prosaic life that you now yearn for.

Sincerely,

Robert R. McGill, Esquire

 

 

FERS Disability Retirement from the OPM: That bright star

We remember learning about the various constellations; and, these days, we are merely one “Google-away” from identifying that morning point of light that seems to shine so bright just over the horizon, and has moved since you first noticed it the evening before. Google ruins everything.  There was a time when discussions would last long into the night because memories failed us — who was that actor in Movie-such-and-such; what was the last line in so-and-so play; and what was the name of the character in that blah-blah television series?

We no longer need to remember; poems no longer require reciting from memory; facts and dates are accessible with the click of a button; arguments and discussions no longer are required because they can all be looked up at Wikipedia.

Yet, in the objective world, or in that universe where Kant bifurcated the subjective from the inaccessible objective universe, that bright star continues to shine, and no matter what Google says or Wikipedia posits, the mystery of time, the external universe and the fact that the bright star shining may already have disappeared eons ago and the idea that what we see is merely the residual aftereffects just reaching one’s pupils within an universe that fails to betray such mysteries of eternity, we can still enjoy the quietude of a pinhole of light within the darkness that surrounds.

And then there is the singular existence of a human being staring at that bright star in the morning silence even before the first bark of the neighborhood stirring.

For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical condition begins to prevent one’s ability or capacity to perform one’s Federal or Postal job, it is often that “feeling” one has in staring at the bright star — alone, isolated and apart from the rest of the universe — that makes one fearful of the world beyond.

Federal Agencies and the Postal Service tend to make the Federal or Postal employee feel isolated and alone when a medical condition begins to impact one’s life.

Filing for Federal Disability Retirement benefits through the U.S. Office of Personnel Management under FERS can seem like a lonely prospect — somewhat akin to the feeling one gets when standing outside looking at that bright star.  That is why consulting with an Attorney who Specializes in Federal OPM Disability Retirement Law is an important step in pursing the benefit of Federal Disability Retirement: To know that the bright star is there, and that we are not alone to counter the troubles of this world.

Sincerely,

Robert R. McGill, Esquire

 

Federal Disability Retirement: The respite

It is a time away; perhaps, a momentary lapse; that fifteen minutes of drinking one’s coffee while daydreaming, or lost in the saucer of one’s teacup in a vintage reflection where the slight crack in the china allows for memories to reclusively drift into never-ending smiles of forlorn embraces.

The respite is that time of getting away, of a break from this maddening world; of forgetting troubles for a moment; of not considering the financial and economic turmoils both of a personal nature and of a macro-sensibility that tends to haunt; and of a period of peace when we can just forget.  Maybe it is the 3-day weekend; or, perhaps just a memory of that time years ago, before screaming kids came upon us, prior to responsibilities and obligations squeezing the air out of pleasure and peace; or even a distance of yesterday or the day before.

Then, there are those who never have a respite; medical conditions tend to do that to us all.  They remind us of our mortality, our frailty, our inability to cope with the reality of a harshness when an isolated island echoes from dark caverns within.  Reality is a cruel thing; it quashes all dreams and hopes, and leaves one with a pit that is bottomless and without a sense of a future.

For Federal employees and U.S. Postal workers who are unable to find that moment of respite because of a medical condition that prevents the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is time to consult with an attorney who specializes in Federal Disability Retirement Law, to begin the process of formulating and preparing an effective Federal Disability Retirement application, to be ultimately submitted to the U.S.Office of Personnel Management.

Time is of the essence; time is precious; a time of respite is deserved by us all, and the turmoil of remaining at a job where the Federal or Postal employee can no longer perform is often the obstacle to the needed respite, and that is why filing for Federal Disability Retirement is so important.

Sincerely,

Robert R. McGill, Esquire

 

Federal Employee Disability Information: OPM’s Methodology

There may be a single criteria to meet, with subsets of requirements that must be complied with; yet, multiple methodologies in approaching the singular.  How can that be?  Isn’t it all simple, where you read what is required, then gather up all of the evidence that appears to meet it and simply send it all in?  That is the “volume methodology”.

Can a single sentence in a medical report ever meet the legal criteria in an OPM Disability Retirement case — i.e., a “qualitative” methodology, as opposed to a quantitative one?  Sometimes.

Isn’t the law clear in what is required, and isn’t it a matter of just amassing the medical evidence to meet the requirements as stated?  Hmmm…. For Federal employees and U.S. Postal workers who suffer from a medical condition such that the medical conditions prevent the Federal or Postal employee from performing one or more of the essential elements of one’s Federal or Postal job, it is important to understand, somewhat, OPM’s Methodology in reviewing and deciding upon a case.

First of all, not all medical conditions are equal.  Perhaps that is self-evident, but for the Federal or Postal employee who suffers from one or another medical condition, and must endure the daily pain, restriction and limitations imposed thereby, it may not be so self-evident.

Second, OPM is not some “neutral” Federal Agency that reviews a Federal Disability Retirement application with dispassionate objectivity, ready to grant an “approval” because you “believe” your medical evidence is “sufficient” to meet the legal requirements as stated.  Sufficiency is the gatekeeper that denies many a Federal Disability Retirement case — and it is not a methodology that is satisfied by quantitative (volume) means, not even necessarily by qualitative standards; rather, it is the reviewer (i.e., the “Medical Specialist” at OPM) who determines by some unknown and unknowable standard when the goal-post has been crossed.

Thus, in an OPM Disability Denial Letter, one may read a reference to one’s doctor’s note or a quotation from a medical report from one’s doctor, and think, “Good, this is very supportive” —then, with an appended end to the paragraph stating, “Such medical evidence does not sufficiently meet the standards to qualify for OPM Disability Retirement”.  Huh?

Think about it this way: “Sufficiency” may mean different things to different audiences; for example, what is a “sufficient” amount of food for a lion, as opposed to a domesticated kitten?

OPM’s methodology is, at best, malleable, as language in law is likewise changeable.  It is good to know this for Federal and Postal employees who are either getting ready to file for Federal Disability Retirement benefits, or who are in the middle of a fight to obtain it; for, in the end, consulting with an OPM Disability Retirement lawyer allows you to arm yourself with knowledge for the battle that OPM’s Methodology in determining Federal Disability Retirement cases must be prepared, like any legal battle that involves “criteria” to be interpreted.

Sincerely,

Robert R. McGill, Esquire